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Intellectual Property Law Commons

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Articles 1 - 30 of 11534

Full-Text Articles in Intellectual Property Law

Multinational Efforts To Limit Intellectual Property Income Shifting: The Oecd’S Base Erosion And Profit Shifting (Beps) Project, Jeffrey Maine Jun 2018

Multinational Efforts To Limit Intellectual Property Income Shifting: The Oecd’S Base Erosion And Profit Shifting (Beps) Project, Jeffrey Maine

Science and Technology Law Review

No abstract provided.


Toward A Knowledge-Based Economy: Tpp And Thailand’S Experience And Concerns, Apinya Bunditwuthisagul Jun 2018

Toward A Knowledge-Based Economy: Tpp And Thailand’S Experience And Concerns, Apinya Bunditwuthisagul

Science and Technology Law Review

No abstract provided.


Beyond Tpp: Legal Reform For Financing Intellectual Property And Innovation In Vietnam, Xuan-Thao Nguyen Jun 2018

Beyond Tpp: Legal Reform For Financing Intellectual Property And Innovation In Vietnam, Xuan-Thao Nguyen

Science and Technology Law Review

No abstract provided.


From Tpp To University: Transforming Technology Transfer, Hamid Piroozi Jun 2018

From Tpp To University: Transforming Technology Transfer, Hamid Piroozi

Science and Technology Law Review

No abstract provided.


Criminal Sanctions And The Tpp: Section 18.77, Shawn Marie Boyne Jun 2018

Criminal Sanctions And The Tpp: Section 18.77, Shawn Marie Boyne

Science and Technology Law Review

No abstract provided.


Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu Jun 2018

Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu

Science and Technology Law Review

No abstract provided.


Trademark Boundaries: The Geography Of Non-Conventional Marks, Constance R. Lindman Jun 2018

Trademark Boundaries: The Geography Of Non-Conventional Marks, Constance R. Lindman

Science and Technology Law Review

No abstract provided.


Copyright, Rights Management, And The Trans-Pacific Partnership: Best Practices, Cole Davis Jun 2018

Copyright, Rights Management, And The Trans-Pacific Partnership: Best Practices, Cole Davis

Science and Technology Law Review

No abstract provided.


Trade Secrets, Safe Harbors, And International Trade, Walter K. Robinson Jun 2018

Trade Secrets, Safe Harbors, And International Trade, Walter K. Robinson

Science and Technology Law Review

No abstract provided.


Patents, Industrial Designs, And The Trans-Pacific Partnership: Articles 18.37–18.46 And 18.55–18.56, David O. Taylor, Aaron Pirouznia Jun 2018

Patents, Industrial Designs, And The Trans-Pacific Partnership: Articles 18.37–18.46 And 18.55–18.56, David O. Taylor, Aaron Pirouznia

Science and Technology Law Review

No abstract provided.


Much Ado About The Tpp’S Effect On Pharmaceuticals, Emily Michiko Morris Jun 2018

Much Ado About The Tpp’S Effect On Pharmaceuticals, Emily Michiko Morris

Science and Technology Law Review

No abstract provided.


Thinking About The Trans-Pacific Partnership (And A Mega-Regional Agreement On Life Support), Peter K. Yu Jun 2018

Thinking About The Trans-Pacific Partnership (And A Mega-Regional Agreement On Life Support), Peter K. Yu

Science and Technology Law Review

No abstract provided.


Foreword, Xuan-Thao Nguyen Jun 2018

Foreword, Xuan-Thao Nguyen

Science and Technology Law Review

No abstract provided.


Front Matter Jun 2018

Front Matter

Science and Technology Law Review

No abstract provided.


Illustrating A Technical Manual: Copyright And Fair Use In A Real World Professional Context, Karyn Hinkle Jun 2018

Illustrating A Technical Manual: Copyright And Fair Use In A Real World Professional Context, Karyn Hinkle

Library Faculty and Staff Publications

This lesson was developed for students preparing to enter professional practice who were assigned to write and/or illustrate a technical howto manual on a topic of their choice (how to put on ski boots, draw blood, use a fitness tracking app, etc.). The teaching librarian conducts a class session on finding and creating images to illustrate the manuals and teaches differences between using copyrighted and non-copyrighted images. The students work on finding images in the public domain, creating their own images, and incorporating copyrighted images via Creative Commons licenses and the principle of fair use. Librarians can teach this ...


Our 19th Century Patent System, Gregory Reilly Jun 2018

Our 19th Century Patent System, Gregory Reilly

IP Theory

The patent system is in flux. Concerns abound about the imperfect fit between traditional patent rights and the Information Age, excessive numbers of patents, overbroad patent rights, poor patent quality, and allegedly exploitative actors, like so-called “patent trolls.” In response, courts, commentators, and Congress have proposed, debated, and sometimes adopted a series of reforms and changes to patent rights, patent doctrines, and patent institutions. The America Invents Act of 2011 (AIA) introduced the most significant changes to the patent system since 1952 and was even described by one commentator (hyperbolically, as we will see) as “the most significant overhaul to ...


The Race Is On! Regulating Self-Driving Vehicles Before They Hit The Streets, Jack Liechtung Jun 2018

The Race Is On! Regulating Self-Driving Vehicles Before They Hit The Streets, Jack Liechtung

Brooklyn Journal of Corporate, Financial & Commercial Law

As the world braces itself for the unveiling of autonomous vehicles, the idea of regulation and oversight has gone largely undetected. Though some states have already begun enacting legislation ahead of the technology’s wide release, the regulatory landscape across the country is in disarray. It is imperative that both manufacturers and consumers be given some sort of uniform understanding as to how the automation is overseen throughout the manufacturing process and how liability will be levied in the case of inevitable mistakes on our nation’s roadways. This Note proposes that the National Highway Traffic Safety Administration be responsible ...


Patent Transfer And The Bundle Of Rights, Andrew C. Michaels Jun 2018

Patent Transfer And The Bundle Of Rights, Andrew C. Michaels

Brooklyn Law Review

When patents subject to a license agreement are transferred, to what extent do the benefits and burdens of the license agreement run with the patent? Courts have stated that those aspects of the agreement relating to “actual use” of the patent or invention are encumbrances running with the transferred patent. But this doctrinal test is not consistently applied and is not up to the task of clearly and consistently delineating the extent to which patent license agreements run with transferred patents. Conceptualizing the patent as a bundle of Hohfeldian Rights to exclude, this article proposes a more coherent framework for ...


Unbundling Open Access Dimensions: A Conceptual Discussion To Reduce Terminology Inconsistencies, Alberto Martín-Martín, Rodrigo Costas, Thed N. Van Leeuwen, Emilio Delgado López-Cózar Jun 2018

Unbundling Open Access Dimensions: A Conceptual Discussion To Reduce Terminology Inconsistencies, Alberto Martín-Martín, Rodrigo Costas, Thed N. Van Leeuwen, Emilio Delgado López-Cózar

Copyright, Fair Use, Scholarly Communication, etc.

The current ways in which documents are made freely accessible in the Web no longer adhere to the models established Budapest/Bethesda/Berlin (BBB) definitions of Open Access (OA). Since those definitions were established, OA-related terminology has expanded, trying to keep up with all the variants of OA publishing that are out there. However, the inconsistent and arbitrary terminology that is being used to refer to these variants are complicating communication about OA-related issues. This study intends to initiate a discussion on this issue, by proposing a conceptual model of OA. Our model features six different dimensions (authoritativeness, user rights ...


Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania Jun 2018

Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania

Michigan Law Review

The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit. How, then, does the Supreme Court decide whether to grant certiorari in a patent case?

The petitions for certiorari in the Court’s patent docket suggest an answer: The Supreme Court looks for splits anyway. These splits, however, are of a different sort. Rather ...


Linking On The Internet And Copyright Liability – A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw Jun 2018

Linking On The Internet And Copyright Liability – A Clarion Call For Doctrinal Clarity And Legal Certainty, Cheng Lim Saw

Research Collection School Of Law

Prompted by the decisions of the CJEU in Svensson and GS Media, this paper attempts to unmask the potential copyright liability of an internet user who engages in hyperlinking, framing and/or inline linking from a principled and conceptually coherent perspective. The overall discourse in this paper will be guided by the following two questions:1.Do these forms of online activity constitute acts of communication (or making available) in the first instance?2.Should they fall within the purview of Art. 3(1) of the EU Information Society Directive and be subject to potential primary/direct liability (as opposed ...


Has The Academy Led Patent Law Astray?, Jonathan M. Barnett May 2018

Has The Academy Led Patent Law Astray?, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Scholarly commentary widely asserts that technology markets suffer from a triplet of adverse effect arising from the strong patent regime associated with the establishment of the Court of Appeals for the Federal Circuit in 1982: "patent" thickets burdening innovation with transaction and litigation costs; "patent holdup" resulting in excessive payouts to opportunistic patent holders; and "royalty stacking" causing exorbitant patent licensing fees. Together these effects purportedly depress innovation and inflate prices for end-users. These repeated assertions are inconsistent with the continuing robust output, declining prices, and rapid innovation observed in the most patent-intensive technology markets during the more that three ...


Regulation And The Marginalist Revolution, Herbert J. Hovenkamp May 2018

Regulation And The Marginalist Revolution, Herbert J. Hovenkamp

Faculty Scholarship

The marginalist revolution in economics became the foundation for the modern regulatory State with its “mixed” economy. Marginalism, whose development defines the boundary between classical political economy and neoclassical economics, completely overturned economists’ theory of value. It developed in the late nineteenth century in England, the Continent and the United States. For the classical political economists, value was a function of past averages. One good example is the wage-fund theory, which saw the optimal rate of wages as a function of the firm’s ability to save from previous profits. Another is the theory of corporate finance, which assessed a ...


What We Don't See When We See Copyright As Property, Jessica Litman May 2018

What We Don't See When We See Copyright As Property, Jessica Litman

Law & Economics Working Papers

It is becoming increasingly clear that the supposed copyright wars that copyright scholars believed we were fighting – nominally pitting the interests of authors and creators against the interests of readers and other members of the audience – were never really about that at all. Instead the real conflict has been between the publishers, record labels, movie studios, and other intermediaries who rose to market dominance in the 20th century, and the digital services and platforms that have become increasingly powerful copyright players in the 21st. In this essay, adapted from the 13th annual University of Cambridge Center for Intellectual Property and ...


Digitalcommons Users Discuss The Bepress Acquisition, Paul Royster, Roger Weaver, Marilyn Billings, Phillip Fitzsimmons, Terri Fishel May 2018

Digitalcommons Users Discuss The Bepress Acquisition, Paul Royster, Roger Weaver, Marilyn Billings, Phillip Fitzsimmons, Terri Fishel

Copyright, Fair Use, Scholarly Communication, etc.

Since the acquisition of the Berkeley Electronic Press (bepress) by Elsevier last summer, there has been much discussion online, in listserves, and elsewhere about what that development means for the future of open access and scholarly communications. The people most directly affected are the users of the bepress DigitalCommons repository hosting service. Some have recoiled in horror at the new ownership situation, others are waiting to see what happens next. This is a panel discussion by current users concerning what they see in the road ahead, including what they regard as essential services, possible options, functionality requirements, and necessary safeguards.


Monitoring Behavior: Universities, Nonprofits, Patents, And Litigation, Teo Firpo, Michael S. Mireles May 2018

Monitoring Behavior: Universities, Nonprofits, Patents, And Litigation, Teo Firpo, Michael S. Mireles

SMU Law Review

This paper examines the confluence of two important issues concerning patent law. The two issues are the merits of the debate concerning the supposed “patent troll” crisis and the increased patenting and licensing of university and other nonprofit inventions, including the litigation of those patents.

First, there is a debate in the literature concerning the presence and scope of the problem concerning so-called “patent trolls.” To some, supposed “patent troll” behavior is ordinary litigation behavior, and to others, it points to problems with the patent litigation system. Indeed, some may argue that the benefits of “patent trolls” may outweigh the ...


Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips May 2018

Innovation And Tradition: A Survey Of Intellectual Property And Technology Legal Clinics, Cynthia L. Dahl, Victoria F. Phillips

Faculty Scholarship

For artists, nonprofits, community organizations and small-business clients of limited means, securing intellectual property rights and getting counseling involving patent, copyright and trademark law are critical to their success and growth. These clients need expert IP and technology legal assistance, but very often cannot afford services in the legal marketplace. In addition, legal services and state bar pro bono programs have generally been ill-equipped to assist in these more specialized areas. An expanding community of IP and Technology clinics has emerged across the country to meet these needs. But while law review articles have described and examined other sectors of ...


Non-Practicing Entities & Patent Reform, Nicholas Douglas May 2018

Non-Practicing Entities & Patent Reform, Nicholas Douglas

Pace Law Review

The patent system is designed to promote innovation and supply a blueprint for innovative minds to improve upon, but the behavior of some patent owners is contrary to these principles. Non-practicing entities obtain patent rights, and rather than produce the product claimed in the patent, they assert their exclusionary rights broadly and aggressively against businesses producing similar products in order to induce settlement or licensing payments. These assertions account for a significant percentage of infringement claims and threaten a potentially innocent business with expensive litigation. The actions of these entities have a substantial effect on the patent system and have ...


The History Of U.S. Copyright Law And Disney’S Involvement In Copyright Term Extension, Clarissa Anderson May 2018

The History Of U.S. Copyright Law And Disney’S Involvement In Copyright Term Extension, Clarissa Anderson

Honors Theses AY 17/18

Copyright term extension is often a contentious topic among copyright owners, corporate lobbyists, and opponents of copyright extension. The history of copyright law spans more than 225 years and has always been an ever-evolving process. The Copyright Act of 1790 was the first statute in the United States to identify definite provisions of copyright law and permitted authors the right to their intellectual property for a duration of 14 years. Today, depending on the type of work, copyright terms can reach up to 120 years. Historically, Disney has been exceedingly protective of their intellectual property and is a prominent supporter ...


The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh May 2018

The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh

Notre Dame Journal of International & Comparative Law

The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should both tailor ...